BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      SB 27


                                                                    Page  1





          PROPOSED TO BE AMENDED


          Date of Hearing:  September 9, 2015


                          ASSEMBLY COMMITTEE ON AGRICULTURE


                                 Henry Perea, Chair


          SB  
          27 (Hill) - As Amended September 4, 2015


          SENATE VOTE:  25-10


          SUBJECT:  Livestock: use of antimicrobial drugs.


          SUMMARY:  This bill prohibits, beginning January 1, 2018, the  
          use of medically important anti-microbial drugs (MIAMs) for the  
          treatment of livestock animals, except pursuant to a  
          prescription or feed directive from a licensed veterinarian and  
          when, in the professional judgment of a licensed veterinarian,  
          the MIAMs are necessary: 1) to treat a disease or infection; 2)  
          to control the spread of disease or infection; or 3) in relation  
          to surgery or a medical procedure. This bill allows for  
          prophylaxis to prevent the elevated risk of disease transmission  
          or infection and forbids the use of MIAMs for growth promotion  
          and feed efficiency. Specifically, this bill:  


          1)In order to implement and monitor compliance with the MIAM  
            rules, the bill requires the California Department of Food and  
            Agriculture (CDFA) to:









                                                                      SB 27


                                                                    Page  2






             a)   Coordinate with the federal Food and Drug Administration  
               (FDA) to develop a program to track antimicrobial drug  
               sales, use, resistance, and management practices; and, 


             b)   Develop antimicrobial stewardship guidelines on good  
               management practices in consultation with the Veterinary  
               Medical Board (VMB), the California Department of Public  
               Health (DPH), universities, and cooperative extensions;  
               and, 


             c)   Conduct outreach and training, and report to the  
               Legislature by January 1, 2019, the results of outreach and  
               monitoring activities.


          EXISTING LAW:   


           Federal law:





          1)Requires FDA to protect public health by ensuring the safety,  
            effectiveness, quality, and security of human and veterinary  
            drugs.  Within FDA, the Center for Veterinary Medicine  
            regulates the manufacture and distribution of drugs that will  
            be administered to animals and regulates medicated feed.

          2)Established the Animal Drug Availability Act in 1996 to create  
            a new regulatory category for certain animal drugs used in  
            animal feed.  Previously, drugs were only available through  
            two means: over-the-counter (OTC) and by prescription.  As new  
            drugs (antimicrobials) were developed, FDA recognized the need  
            for these drugs to be administered through feed. 








                                                                      SB 27


                                                                    Page  3










          3)Created the Veterinary Feed Directive (VFD) to allow more  
            flexibility for new animal drugs to be administered through  
            medicated feed, under the supervision of a licensed  
            veterinarian. 


          State law:


             1)   Requires CDFA, through the Livestock Drug Program, to  
               regulate the manufacture, sale, registration, and use of  
               livestock drugs, except when the livestock drug is sold by  
               prescription only, used exclusively by a veterinarian, or  
               used only under a veterinarian's direction.  CDFA is  
               required to register OTC livestock drugs and regulate their  
               use for safety and efficacy.

             2)   Requires the California State Board of Pharmacy to  
               enforce laws and regulations regarding prescription drugs  
               and drugs used exclusively by veterinarians. 
          


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, this bill has:
          1)Estimated General (GF) and Special Fund (SF) costs of  
            approximately $864,000 in 2015-16 and $4.8 million in 2016-17  
            to develop programs, stewardship guidelines, monitoring  
            systems and procedures, and regulations, as well as begin  
            training, inspections, and MIAMs use tracking.  Annual GF and  
            SF costs of approximately $4.3 million thereafter to continue  
            training, inspections, and tracking.  Some of these costs may  
            be funded from federal and local sources, and potentially  
            offset in part with civil fine revenue.








                                                                      SB 27


                                                                    Page  4





          2)Potentially significant costs to VMB and DPH to help develop  
            stewardship guidelines and training materials.


          COMMENTS:  Antimicrobial drugs have been widely used in human  
          medicine since the 1940s. Antimicrobial drugs have significant  
          health benefits in both human and animal medicine, and are  
          important and valuable tools used to treat and prevent illness  
          and infection.  Incidences of antimicrobial resistance have been  
          recorded over time and, if left unchecked, pose a threat to  
          public health.


          The Centers for Disease Control (CDC) estimates that in the  
          United States, more than two million people are sickened every  
          year with antibiotic-resistant infections, with at least 23,000  
          infections resulting in death.  CDC notes that the use of  
          antibiotics is the single most important factor leading to  
          antibiotic resistance around the world.  Up to 50% of all  
          antibiotics prescribed for people are either not needed or not  
          optimally effective as prescribed.  Antibiotics are also used in  
          food-producing animals for the purpose of promoting growth,  
          which CDC recommends phasing out. 

          The FDA has issued several industry recommendations regarding  
          the use of MIAMs in the feed and drinking water of  
          food-producing animals.  The recommendations contained in  
          Guidance for Industry #152, #213, and #219 establish lists of  
          antibiotics important to human health, promote judicious use of  
          those drugs in food production, and encourage veterinary  
          oversight to ensure compliance with industry best practices.


        In March 2015, President Obama issued a national action plan on  
          combating antibiotic-resistant bacteria.  The five year action  
          plan articulated goals of slowing the emergence of resistant  
          bacteria, strengthening surveillance efforts, advancing the  
          development and use of rapid diagnostics to identify resistant  
          bacteria, accelerate development of new antibiotics, treatments,  








                                                                      SB 27


                                                                    Page  5





          and vaccines, and improve collaboration among stakeholders.  For  
          antimicrobial use in food animals, the plan seeks to implement  
          FDA guidance.


          According to the author, overuse and misuse of antibiotics in  
          livestock animals, especially antibiotics important in human  
          medicine, contributes to antibiotic resistance.  To address the  
          overuse and misuse, this bill is intended to ensure veterinary  
          oversight; encourage judicious use of MIAMS and prohibit use for  
          growth promotion and other nontherapeutic purposes; and, monitor  
          MIAM sales, usage, management practices, and resistance.  


          According to supporters, many antimicrobials used in food  
          production are currently available at feed stores and online,  
          without any veterinary prescription or oversight and this bill  
          will stop this practice along with making all use of MIAMs  
          require a prescription.  Furthermore, supporters   argue the  
          prophylactic use exception has been carefully crafted for  
          judicious use of MIAMs, and the bill explicitly forbids MIAM use  
          for growth promotion and feed efficiency.  


          Opponents argue this explicitly authorizes the routine use of  
          antibiotics on animals that are not sick through the exception  
          for prophylactic use to prevent disease transmission or  
          infection.  Opponents fear prophylactic use will allow back door  
          use for nontherapeutic purposes, and is precisely the low-dose  
          use that contributes most to resistant bacteria.  Furthermore,  
          opponents assert that the expanded surveillance of MIAM relies  
          on voluntary cooperation from participants to gather samples and  
          is insufficient to provide statistically significant or accurate  
          data on actual MIAM use and resistance.


          The proposed amendments do the following:










                                                                      SB 27


                                                                    Page  6





             1)   Strike a section dealing with preventive use of MIAMs  
               and instead allow for preventive use of MIAMs when it is  
               determined by a veterinarian that MIAMs are needed to  
               address an elevated risk of a disease or infection. 

             2)   Clarify that CDFA has the authority to request and  
               receive records related to VFDs, as specified.

             3)   Make technical and clarifying changes.  


          REGISTERED SUPPORT / OPPOSITION:




          Support


          Adventist Health


          California Academy of Preventive Medicine


          California Children's Hospital Association


          California Naturopathic Doctors Association


          California Optometric Association


          California Society of Health-System Pharmacists


          California State Parent Teacher Association









                                                                      SB 27


                                                                    Page  7






          California Veterinary Medical Association


          Humane Society Veterinary Medical Association


          Infectious Disease Association of California


          Loma Linda University Health




          Opposition


          Alliance for the Prudent Use of Antibiotics 


          Animal Welfare Approved 


          California League of Conservation Voters 


          California Public Health Association -North


          CALPIRG 


          Center for a Livable Future, Johns Hopkins Bloomberg School of  
          Public Health 


          Center for Food Safety 









                                                                      SB 27


                                                                    Page  8






          Compassion Over Killing 


          Consumers Union


          Dignity Health


          Environmental Working Group


          Food & Water Watch


          Food Chain Workers Alliance


          Green America 


          Health Care Without Harm


          Institute for Agriculture and Trade Policy  


          Natural Resources Defense Council


          Organic Consumers Association 


          Physicians for Social Responsibility, San Francisco Bay Area  
          Chapter


          Prevention Institute








                                                                      SB 27


                                                                    Page  9







          Roots of Change


          San Francisco Baykeeper 


          Slow Food California 


          Women Organizing Resources, Knowledge and Services (WORKS)




          Analysis Prepared by:Victor Francovich / AGRI. / (916)  
          319-2084